Re: 13 Companies Sued but Only 6 Responded to ITC-Pete
posted on
Aug 20, 2012 03:23PM
Respondents were invited to reply along with other interested parties and the general public
INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
NOTICE OF RECEIPT OF COMPLAINT; SOLICITATION OF COMMENTS
RELATING TO THE PUBLIC INTEREST
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
received a complaint entitled Certain Wireless Consumer Electronics Devices and
Components Thereof DN 2904; the Commission is soliciting comments on any public
interest issues raised by the complaint or comp1ainant’sfiling under section 210.8(b) of
the Commission’s Rules of Practice and Procedure (19 C.F.R. § 210.8(b)).
FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Acting Secretary to
the Commission, U.S. International Trade Commission, 500 E Street, S.W., Washington,
D.C. 20436, telephone (202) 205-2000. The public version of the complaint can be
accessed on the Commission's electronic docket (EDIS) at httg://edis. usitc.gov, and will
be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S. International Trade Commission, 500 E Street, S.W.,
Washington, D.C. 20436, telephone (202) 205-2000.
General information concerning the Commission may also be obtained by
accessing its Internet server (httg://wwwusitc. gov). The public record for this
investigation may be viewed on the Commission’s electronic docket (EDIS) at
httg://edis. usitc.gov. Hearing-impaired persons are advised that information on this
matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission has received a complaint and
a submission pursuant to section 21O.8(b)of the Commission’s Rules of Practice and
Procedure filed on behalf of Technology Properties Limited LLC, Phoenix Digital
Solutions LLC and Patriot Scientific Corporation on July 24, 2012. The complaint
alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) in the
importation into the United States, the sale for importation, and the sale within the United
States after importation of certain wireless consumer electronics devices and components
thereof. The complaint names as respondents Acer, Inc. of Taiwan; Acer America
Corporation of CA; A1nazon.c0m, Inc. of WA; Barnes & Noble, lnc. of NY; Garmin Ltd.
of Switzerland; Garmin Intemational, Inc. of KS; Garmin USA, Inc. of KS; HTC
Corporation of Taiwan; HTC America of WA; Huawei Technologies Co., Ltd. of China;
Huawei North America of TX; Kyocera Corporation of Japan; Kyocera Communications,
Inc. of CA; LG Electronics, Inc. of Korea; LG Electronics U.S.A., Inc. of NJ; Nintendo
C0., Ltd. of Japan; Nintendo of America, Inc. of WA; Novatel Wireless, Inc. of CA;
Samsung Electronics Co., Ltd. of Korea; Samsung Electronics America, Inc. of NJ;
Sierra Wireless, Inc. of Canada, Sierra Wireless America, Inc. of CA; ZTE Corporation of China; and ZTE (USA) Inc. of TX.
Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing.
Comments should address whether issuance of the relief specifically requested by the
complainant in this investigation would affect the public health and welfare in the United
States, competitive conditions in the United States economy, the production of like or
directly competitive articles in the United States, or United States consumers.
In particular, the Commission is interested in comments that:
(i) explain how the articles potentially subject to the requested remedial
orders are used in the United States;
(ii) identify any public health, safety, or welfare concerns in the United States
relating to the requested remedial orders;
(iii) identify like or directly competitive articles that complainant, its licensees,
or third parties make in the United States which could replace the subject
articles if they were to be excluded;
(iv) indicate whether complainant, complainant's licensees, and/or third party
suppliers have the capacity to replace the volume of articles potentially
subject to the requested exclusion order and/or a cease and desist order
within a commercially reasonable time; and
(v) explain how the requested remedial orders would impact United States
consumers.
Written submissions must be filed no later than by close of business, eight
calendar days after the date of publication of this notice in the Federal Register. There
will be further opportunities for comment on the public interest after the issuance of any
final initial determination in this investigation.
Persons filing written submissions must file the original document electronically
on or before the deadlines stated above and submit 8 true paper copies to the Office of the
Secretary by noon the next day pursuant to section 2lO.4(f) of the Commission’s Rules of
Practice and Procedure (19 C.F.R. 210.4(1)). Submissions should refer to the docket
number (“Docket No. 2904”) in a prominent place on the cover page and/or the first
page. (See Handbook for Electronic Filing Procedures,
http://www.usitc.gov/secretary/fed_reg_notices/1111es/handbook_on_electronic_
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filing.pdf). Persons with questions regarding filing should contact the Secretary (202205-
2000).
Any person desiring to submit a document to the Commission in confidence must
request confidential treatment. All such requests should be directed to the Secretary to
the Commission and must include a full statement of the reasons Whythe Commission
should grant such treatment. See 19 C.F.R. § 201.6. Documents for which confidential
treatment by the Commission is properly sought will be treated accordingly. All
nonconfidential written submissions will be available for public inspection at the Office
of the Secretary and on EDIS.
This action is taken under the authority of section 337 of the Tariff Act of 1930,
as amended (19 U.S.C. § 1337), and of sections 201.10 and 210.8(c) of the Commission's
Rules of Practice and Procedure (19 CFR §§ 201.10, 210.8(0)).
Lisa R. Bajon
Acting Secretary to the Commission
By order of the Commission.
Issued: July 25, 2012
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(emphasis by me)